Commonwealth of Pennsylvania, Appellee v. David Lynn Griffith, Appellant (2016)

Appellant, David Lynn Griffith, appeals from the order entered in the Bradford County Court of Common Pleas, revoking his parole. As a prefatory matter, we observe counsel has designated and filed Appellant's brief on appeal as an Anders ¹ brief. Pursuant to Anders and Commonwealth v. Santiago, 602 Pa. 159, 978 A.2d 349 (2009), when counsel determines that after a conscientious review of the record, there are no non-frivolous issues for review, counsel must: 1) petition the Court for leave to withdraw, certifying that after a thorough review of the record, counsel has concluded the issues to be raised are wholly frivolous; 2) file a brief referring to anything in the record that might arguably support the appeal; and 3) furnish a copy of the brief to the appellant and advise him of his right to obtain new counsel or file a pro se brief to raise any additional points the appellant deems worthy of review. Santiago, supra at 173-79, 978 A.2d at 358-61.

Instantly, counsel failed to attach to his petition to withdraw a copy of the letter that counsel alleges he sent to Appellant, advising him of his right to proceed pro se or with newly retained counsel. See id. See also Commonwealth v. Millisock, 873 A.2d 748 (Pa.Super. 2005) (holding counsel must attach as exhibit to petition to withdraw filed with this Court, copy of letter sent to client advising of client's rights). On May 3, 2016, this Court issued a per curiam order directing counsel to notify Appellant with a proper statement advising Appellant of his rights and to file a copy of the notification with this Court within ten days. Based on counsel's failure to comply, this Court issued a second per curiam order on May 20, 2016, again directing counsel to notify Appellant of his rights and to file a copy of the notification with this Court within ten days.

To date, counsel still has not filed a copy of the notice letter he purports to have sent to Appellant or otherwise complied with this Court's per curiam orders. Accordingly, we now order counsel to file with this Court within ten (10) days of the filing date of this order, a copy of the notification letter counsel claims he sent to Appellant. Panel jurisdiction is retained.

FOOTNOTES

1.   Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967); see also Commonwealth v. McClendon, 495 Pa. 467, 434 A.2d 1185 (1981).

JUDGMENT ORDER BY GANTMAN, P.J.: